SUNA KHARIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. K.S.Nanda, learned counsel for the appellant and Mr. Manoj Kr. Mishra, learned A.P.P., appearing for the State.

(2.) This appeal is directed against the judgment of conviction dtd. 30/8/2007 and order of sentence dtd. 31/8/2007 passed by Sri Prasanna Kuma Dubey, learned Sessions Judge, Gumla in Sessions Trial No. 06 of 2007 (arising out of Palkot P.S. Case No.24 of 2006, G.R. Case No.336 of 2006) whereby and whereunder the appellant has been convicted for the offence under Sec. 304 of the Indian Penal Code and has been sentenced to undergo R.I. for five years.

(3.) The criminal law has put into motion by lodging an F.I.R. being Palkot P.S. Case No.24 of 2006 against the appellant. The F.I.R. has been lodged on the fardbeyan of the informant, namely, Mangu Kharia. The brief fact of the case is that Mangal Kharia father of the informant had gone to the house of the appellant, namely, Suna Kharia at the request of the appellant on the occasion of Sarhul festival on 12/4/2006. At the house of the appellant they took Hadia and celebrated the festival by singing and dancing. At about 8.00 P.M, Pandey Kharia of Korkot Toli came to the informant and gave information that the appellant has assaulted his father with Danda and Slaps due to that his father has become senseless. On getting this information, the informant came to the house of the appellant and found his father senseless on the road. Somari Devi (P.W.-3) was giving water to him for drink and she disclosed that after taking drinks there was a quarrel in which the appellant has assaulted Mangal Kharia by Slaps and Danda which caused injury on his ear and cheek. Due to injury, bleeding started and Mangal Kharia became senseless. The appellant took Mangal Kharia on a Tempo to Sadar Hospital for treatment and during the course of treatment on 16/4/2004 at about 5 P.M. Mangal Kharia died at Hospital. After the death, the appellant brought the dead body of deceased (Mangal Kharia) at his house. He told the informant and other people that they will not speak about the real fact but they had to give another story that the deceased was in drunken condition and he fell down in that condition and due to that he died.